Ex Parte Yuan et al - Page 2

                Appeal 2007-2673                                                                              
                Application 10/354,981                                                                        

                                        STATEMENT OF THE CASE                                                 
                      The subject matter on appeal is directed to “processes for sanitizing a                 
                foodstuff, and particularly to sanitizing and improving the cooking                           
                efficiency of a foodstuff using a combination of ozone and heat treatment”                    
                (Specification 1, ll. 15-18).  The examples at pages 12-15 of the                             
                Specification show exposing meat samples contaminated with disease                            
                producing strains (H6, H13, F5603) of C. perfringens to an aqueous solution                   
                containing 3 to 5 ppm dissolved ozone at 4 to 8oC for 5 minutes and then                      
                heat treating them at a temperature of 45oC, 55oC or 65oC for approximately                   
                30 minutes to simulate cooking conditions.  According to page 8 of the                        
                Specification:                                                                                

                             As used herein, the term "foodstuff" generally refers to                         
                      all types of foods, including, but not limited to, meats,                               
                      including ground meats, poultry, seafood, produce including                             
                      vegetables and fruit, dry pasta, breads and cereals and fried or                        
                      baked snack foods.  The present invention may be generally                              
                      used in conjunction with any foodstuff that is able to support                          
                      microbial, i.e. fungal, bacterial or viral growth, including                            
                      unprocessed or processed foods, and food products.  The                                 
                      foodstuff must generally be compatible for treatment with an                            
                      aqueous solution containing ozone.                                                      
                             The terms "sanitize" and disinfect", as well as variations                       
                      thereof, generally mean the reduction of the microbial content                          
                      of food.  The terms "substantially sanitize” and "substantially                         
                      disinfect" refer to the attainment of a level of microorganisms                         
                      in the foodstuff such that the foodstuff is safe for consumption                        
                      by a mammal, particularly by humans.  Generally, as used                                
                      herein, these terms refer to the elimination of at least                                
                      about 90.0 to 99.9% of all microorganisms, including                                    
                      pathogenic microorganisms, in the treated foodstuff.                                    
                      Preferably, at least about 99.0 to 99.99%, and more preferably                          

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